Central Administrative Tribunal - Kolkata
Bipul Kumar Mistry vs Electricity (A & N Admn) on 4 March, 2025
1 OA 720/2019/AN
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
(CIRCUIT SITTING AT PORT BLAIR)
O.A. 351/00720/2019/AN
Date of hearing : 12.02.2025
Date of order : 04.03.2025
Coram: Hon'ble Smt. UrmitaDatta (Sen), Judicial Member
Hon'ble Mr.Suchitto Kumar Das, Administrative Member
In the matter of :
1. Shri Bipul Kumar Mistry, S/o Late P. N. Mistry, R/o
Garacharama village, Port Blair, South Andaman District, Pin-
744105.
2. Shri J. Raveendran, S/o Late P. Janardhan, R/o School Line,
Port Blair, South Andaman District, Pin- 744103
3. ShriNageshwarRao, S/o Late Ramaiah, R/o Shadipur, Port
Blair, South Andaman, Pin- 744106.
4. Shri Ram Sharma, S/o Late J. G. Sharma, R/o Garacharama,
Port Blair, South Andaman-744105.
5. Shri Krishna Biswas, S/o Late Ganesh Biswas, R/o
Nimbutala, Rangat, Middle Andaman, Pin- 744205.
6. Shri Mohammed Abdul Majid, S/o Late M. A. Khalique, R/o
Dignabad, Port Blair, South Andaman-744101.
7. Shri BarunBiswas, S/o Kalipada Biswas, R/o Subhash
Gram, Diglipur, North & Middle Andaman, Pin- 744202.
.............Applicants
VS.
1. The Union of India, service through the Secretary,
Ministry of Power, Department of Electricity, New Delhi-110001.
2. The Lieutenant Governor, Andaman & Nicobar Islands, Raj
Niwas, Port Blair-744101.
Digitally signed by SONALI LAL
SONALI
DN: C=IN, O=Personal, T=0572, OID.2.5.4.65=
1335963617493834803xeKNGD5eN7bXL, Phone=
d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce814
65079777, PostalCode=800009, S=Bihar, SERIALNUMBER=
b85cadb360af4981732c949bc31df6d98e2c92428456adc533ade9
e38d5aed96, CN=SONALI LAL
LAL Reason: I am the author of this document
Location:
Date: 2025.03.06 11:15:19+05'30'
Foxit PDF Reader Version: 2024.3.0
2 OA 720/2019/AN
3. The Secretary (Power), Andaman & Nicobar
Administration, Secretariat, Port Blair- 744101.
4. The Superintending Engineer, Electricity Department, A &
N Administration, VidyutBhawan, Phoenix Bay, Port Blair-
744101.
.........Respondents
For The Applicant(s): Ms.Anjili Nag, Counsel
For The Respondent(s): Mr. R. Kumar, Counsel
ORDER
Suchitto Kumar Das, Administrative Member OA nos. 720/2019/AN and 1651/2017/AN were heard together and reserved for order on 12.02.2025 on the ground that issues under adjudication in both the OAs were similar. On going through the facts of the two cases, it is observed that although the issue involved in the two OAs are similar, facts and circumstances surrounding the two cases are different. It is therefore, considered appropriate to pass separate orders in the two OAs.
2. In this OA, the applicants haveapproached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief:
"(a) Leave may be granted to the applicants in terms of Rule 4, Sub Rule 5(a) and (b) of the Central Administrative Tribunal (Procedure) Rules, 1987 by permitting the applicants to join together and to file the instant original application as the grievance of the applicants are common in nature.
(b) To set aside and quash the order no. 585 dated 17th May, 2019 passed by the Superintending Engineer, Electricity Department, A & N Administration, Port Blair.
(c) To direct the respondent authorities to grant the grade pay of Rs. 4200/-
instead of Rs. 2800/- to the applicants from the date of their promotion to the post of Charge-man.
Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce814 65079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ade9 e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
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(d) To pass such other order or orders as this Hon'ble Court may deemed fit and proper in the interest of justice."
3. For the sake of clarity, facts in the case as narrated by the applicants are as hereinunder :-
3.1 The applicants were appointed as Fitter in the Electricity Department.
They were promoted to the post of Charge-man initially on ad-hoc basis and subsequently the ad-hoc promotions of the applicants were regularized in the grade pay of Rs. 2800/-.
3.2 Some of the Chargemen of the Electricity Department who possessed the qualification of Degree/Diploma filed an original application claiming implementation of the recommendation of the 5th Central Pay Commission. This Tribunal dismissed the original application. On appeal, decision of the tribunal was set aside by the High court which allowed the writ application by directing the authorities to grant the Grade Pay of Rs.4200/- to the diploma/degree hoder chargemen as per the recommendation of the 5th Central Pay Commission and accordingly the respondent authority implemented the same by granting the grade pay of Rs. 4200/- to the Diploma/Degree holders but not to the applicants who did not possess Diploma/Degree in Engineering.
3.3 The applicants filed an original application before this Tribunal being OA no. 437 of 2019. This OA was disposed of by this Tribunal on 27.03.2019 by giving liberty to some of the applicants to file their comprehensive representations before respondent no. 04. Respondent no. 04 was directed to pass a reasoned and speaking order. Respondent no. 04 rejected the same and hence this original application.
Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce814 65079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ade9 e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
Date: 2025.03.06 11:15:19+05'30' Foxit PDF Reader Version: 2024.3.0
4 OA 720/2019/AN 3.4 OA no. 720/2019/AN was dismissed by the Tribunal vide its Order dated 04.01.2024 with the following observations :-
"................
5.1 It is not in dispute that the applicants herein do not hold Diploma in Mechanical or Electrical Engineering. They, however, have the same duties and responsibilities as their colleague Chargemen who are Diploma Holders. The applicants' case is essentially that since the applicants perform the same duties and have the same responsibilities as the other Chargemen who have Diploma in Engineering, they should get the same pay and allowances as the latter. Respondents, on the other hand, have taken the view that the Diploma holders have been granted the grade pay of Rs. 4200/- in compliance of the orders of the Hon'ble High Court. Also, the 5th Central Pay Commission in para 50.23 and 50.24 of their report have specifically distinguished between employees holding Diploma/Degree in Engineering and those who hold no such qualification by recommending a higher pay for the Degree/Diploma holders.
5.2 Hon'ble High Court's order in WPCT no. 594 of 2012 has been perused. The basis of the order is the recommendation of the 5th Central Pay Commission in para 50.23 and 50.24 of its report.
Para 50.23 and 50.24 of the 5th Central Pay Commission Report are quoted below :-
"50.23. We have carefully considered the demands of the Federation and the views of the Administrative Ministries/ Departments in the light of our General approach on the pay scales of different professional/ technical groups of staff and existing relativities between technical and non technical categories. We have, as a general rule, decided to improve the initial recruitment pay scale of diploma engineers in Government. We accordingly, recommended following pay structure for engineering subordinate cadres:-
Existing Proposed
(in present terms)
Rs. Rs.
1400-2300 1600-2660
1600-2660* 1640-2900
1640-2900* 1640-2900
2000-3200* 2000-3500
2000-3500 2000-3500
2375-3500 2375-3750
2375-3750 2500-4000
*some of these are graduates in engineering, others are diploma holders; 50.24. These pay scales will apply mutatis- mutandis for diploma engineers in different cadres depending upon the availability of specific existing pay scales. We have also recommended specific pay structure for different engineering cadres;"
The benefits accorded by the above two paras are for employees who have Diploma/Degree in Engineering. Recruitment Rules for Chargeman in Electricity Department stipulate a grade pay of Rs. 2800/-. Chargeman with Diploma in Engineering have been granted the grade pay of Rs. 4200/- in pursuance of a directive of the Hon'ble High Court in WPCT no. 594/2012 (ShriNahim Bin Ibrahim &Ors. vs. The Union of India &Ors.) which based its decision on the recommendations Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce814 65079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ade9 e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
Date: 2025.03.06 11:15:19+05'30' Foxit PDF Reader Version: 2024.3.0 5 OA 720/2019/AN contained in paras 50.23 and 50.24 of the 5th Central Pay Commission Report. Since the applicants are non-Diploma Holders, benefits of either 5th Central Pay Commission Report (Paras 50.23 & 50.24) or those granted by the Hon'ble High Court are not applicable to them. We conclude that the respondents have not erred in denying grade pay of Rs. 4200/- to the applicants.
5.3 We do not find any legal infirmity in the respondents' Office Order dated 17.05.2019.
........................."
3.5 The abovequoted Order was challenged before the Hon'ble Calcutta High Court (Circuit Bench at Port Blair) by WP.CT/13/2024 which was disposed of on 09.02.2024 with the following observations and directions :-
"......................
After going through the order of the Superintending Engineer, this Court finds that the prayer of the petitioners for upgradation of pay scale of the post of Chargeman in Electricity Department from Rs.4500-7000 to Rs.5000-8000 was rejected by placing reliance on the reply of the Ministry vide letter dated 17.12.2009. It appears therefrom that the Ministry observed that Diploma in Electrical/Mechanical Engineering is an essential qualification for the post of chargeman in Electricity Department. After going through the Recruitment Rules published vide notification dated 12th December, 1975, this Court finds that the feeder post for promotion to chargeman is Fitter. It further appears therefrom that Diploma in Electrical/Mechanical Engineering cannot be said to be an essential qualification in view of the expressions "or" used in clause 2 under serial Nos. 13 and 14.
It further appears from the said Recruitment Rules thatDegree/Diploma in Electrical/Mechanical Engineering is an essential qualification for promotion to Junior Engineers.
After going through the notification dated 21.08.2008,this Court finds that the Government of India, Ministry of Power vide notification dated August 21, 2008 decided to grant the upgraded scale of pay of Rs.5000-8000 to the non-diploma Junior Engineers of the Electricity Department of the Andaman and Nicobar Administration with effect from 01.01.1996. It further appears from the order impugned that the said notification was relied upon in course of hearing of the original application. However, the impugned order does not return any finding as to the applicability or otherwise of the said notification dated 21.08.2008. Record reveals that one Jag JeevanLall was promoted to the post of chargeman from the post of LMMR. He was granted the revised pay scale in PB-2 Rs.9300-34800 + Grade Pay of Rs.4,200/-.
It further appears that Office Order No.299 dated 14.02.2012 was also part of the rejoinder filed by the original applicants before the Tribunal. The impugned order also does not take into consideration the fact that LMMRs were also granted the grade pay of Rs.4200/- in spite of the fact that they did not possess the diploma/degree in engineering.
The fact that one Jag JeevanLall who has since retired as Chargeman of Electricity Department was also granted the grade pay of Rs.4200/- in spite of the fact that he only had the qualification of having passed AISSE and two years course of Electrician from Model Training Institute would be evident from the reply to the information sought for under the provisions of the Right to Information Act, 2005.Digitally signed by SONALI LAL
SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce814 65079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ade9 e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
Date: 2025.03.06 11:15:19+05'30' Foxit PDF Reader Version: 2024.3.0 6 OA 720/2019/AN It appears to this Court that a similarly situated employee was granted the grade pay of Rs.4200/- and the learned Tribunal did not return any finding as to how the petitioner could have been denied similar benefit.
Upon going through the notification dated 21.08.2008, this Court is of the prima facie view that the petitioners are entitled to the upgraded scale of pay of Rs.5000- 8000. We are also of the prima facie view that JagjeevanLall, a similarly situated employee was extended the grade pay of Rs.4200/-without having the diploma or degree in engineering.
The Order No.299 dated 14th February, 2012 also goes to support the case of the petitioners that they are entitled to grade pay of Rs.4200/-even without possessing the diploma or degree in engineering.
The learned Tribunal dismissed the Original Application on the ground that the benefits of 5th Central Pay Commission Report (Para 50.23 & 50.24) cannot be extended to the petitioners as they are Non-Diploma Holders. This Court is of the prima facie view that upgraded scale of pay as prayed by the petitioners could not have been rejected on the ground that they are non-diploma holders in view of the Government Order dated 21.08.2008 and the Office Order No.299 dated 14.02.2012. These aspects have not been gone into by the learned Tribunal. For the reasons as aforesaid, we are of the considered view that the Tribunal should be directed to decide the matter afresh in the light of the observations and findings in this order. The impugned order is accordingly set aside. The original application is restored to the file of the learned Tribunal and the learned Tribunal is directed to rehear the said original application upon giving an opportunity of hearing to the respective parties and pass a reasoned order in the light of the observations and findings given herein before, as expeditiously as possible but positively within a period of six weeks from the date of receipt of the server copy of this order.
With the above observations and directions, WP.CT/13/2024 is accordingly disposed of.
........................."
4. Learned Counsel for the applicants draws our attention to the order of the Hon'ble High Court dated 09.02.2024 in WP.CT/13/2024 . She contends that in view of the specific findings of the Hon'ble High Court, the OA of the applicants ought to be allowed.
5. Respondents, on the other hand, reiterated the stand taken in their reply as well as during the earlier hearing. Learned Counsel for the respondents has filed his Written Notes of Arguments elaborating on the reply in the OA filed by the respondents earlier. In addition in his written notes of argument the learned counsel for the respondents submits that Jag JeevanLall was initially appointed as Lineman-cum- Meter Reader (LMMR) on temporary basis in the pay scale of Rs.260-400 w.e.f. 14.06.1984 vide office order No.325 Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce814 65079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ade9 e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
Date: 2025.03.06 11:15:19+05'30' Foxit PDF Reader Version: 2024.3.0 7 OA 720/2019/AN dated 13.06.1984 and as per the recommendation of the Anomaly committee, A&N Administration, his pay scale was upgraded to the scale of pay of Rs.4000-6000 (Vth CPC) w.e.f. 01.01.1996.He was granted 1st ACP benefit vide order dated 27.04.2010 and his pay was fixed at Rs. 4500-7000/- i.e., the pay scale for the next promotional post of Lineman-cum-Meter Reader (LMMR) as it existed in 2010. His financial upgradation was given effect from 09.08.1999 when he had completed 12 years of service. On his promotion to the post of Chargeman on 30.06.2007 he continued in the pay scale of Rs. 4500-7000/-
(GP Rs. 2800/- in 6th CPC) which was the initial pay grade for the post of Chargeman. However, in 2012, following the recommendation of a Review Committee, ACP benefit granted to Jag JeevanLall and some other LMMRs was revised vide order dated 14.02.2012 on the ground that at the time when Jag JeevanLall completed 12 years of service in 1999, next promotional post of Lineman-cum-Meter Reader (LMMR) was Junior Engineer. Since the Junior Engineer post, as per order dated 21.08.2008, carried a pay scale of Rs. 5000- 8000/- , Jag JeevanLall's first financial upgradation ought to have been to the scale of Rs. 5000-8000/-. He was therefore granted the scale Rs. 5000-8000/- as a result of financial upgradation under ACP scheme. Subsequently, in 2004, next promotional post of Lineman-cum-Meter Reader (LMMR) was changed to Chargeman. Jag JeevanLall was promoted to the post of Chargeman in 2007. Since his pay ought to have been in pay scale Rs. 5000-8000/- which was higher than that of the pay scale attached to the post of Chargeman (Rs. 4500- 7000/-), his pay scale was protected as per rules as a benefit purely personal to him. As per the GoI's letter dated 21/08/2008, the upgraded pay scale of Rs.5000-8000 is admissible only to the non-diploma holder Junior Engineers of Electricity Department and not to the Chargemen.Thus, it is clear from the Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce814 65079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ade9 e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
Date: 2025.03.06 11:15:19+05'30' Foxit PDF Reader Version: 2024.3.0 8 OA 720/2019/AN aforesaid order No.299 dated 14/02/2012 that the GP of Rs.4200/- has been granted to Jag JeevanLall by virtue of 1st financial upgradation under ACP Scheme and it cannot be treated as a pay scale of Chargeman, as 1st ACP in the pay scale of Rs. 5000-8000 has been granted to him w.e.f. 09.08.1999. Jag Jeevan Lall was promoted to the post of Chargeman on adhoc in the pay scale of Rs. 4500-7000 in June, 2007 and subsequently regularized in 02.06.2010.
Since, by order of 14.02.2012, his pay scale was fixed at Rs. 5000-8000/- w.e.f. 09.08.1999, the same scale continued due to pay protection when he was promoted to the post of Chargeman in 2007.
6. Heard the parties. Perused material on record. 6.1 Superintending Engineer's (SE's) Order dated 17.05.2019 is based on the letter of the Ministry dated 17.12.2009 which states that Diploma in Electrical/ Mechanical Engineering is an essential qualification for the post of Chargeman in Electricity Department. Hon'ble High Court has observed that the statement of the Ministry is factually incorrect as the said Diploma is not an essential qualification for Chargemen as per Recruitment Rules. From a perusal of the order of the SE and the Ministry's letter dated 17.12.2009, it can be seen that the contents of the Ministry's letter dated 17.12.2009 have been wrongly quoted in the SE's order. Ministry's letter is reproduced below :- Digitally signed by SONALI LAL
SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce814 65079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ade9 e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
Date: 2025.03.06 11:15:19+05'30' Foxit PDF Reader Version: 2024.3.0 Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce814 65079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ade9 e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
Date: 2025.03.06 11:15:19+05'30' Foxit PDF Reader Version: 2024.3.0 10 OA 720/2019/AN 17.5.2019 is set aside to the extent that it relies on the Ministry's letter dated 17.12.2009.
6.2 Hon'ble High Court has also observed that Degree/ Diploma in Electrical/ Mechanical Engineering is an essential qualification for promotion to Junior Engineers. Ministry of Power's notification dated August 21, 2008 grants the upgraded Pay Scale of Rs. 5000-8000/- to the non-Diploma JEs of Electricity Department of Andaman & Nicobar Islands. As has been observed by the Hon'ble High Court, as per the Recruitment Rules essential qualification for promotion to the post of chargeman is not diploma or degree. Also, there is nothing on record to show that the posts of Junior Engineers and Chargemen have identical duties and responsibilities and the applicant's reliance on the Ministry of Power's letter dated 21.08.2008 to buttress the claim of non-
Diploma Chargemen to the pay scale of Rs. 5000-8000/- is misplaced. 6.3 Hon'ble High Court has observed that one Jag Jeevan Lall who was promoted as Chargeman from the post of Lineman-cum-Meter Reader (LMMR) was granted the Grade Pay of Rs. 4200/- on promotion as Chargeman. Therefore, the action of the respondents denying the Grade Pay of Rs. 4200/- to the applicants is prima facie discriminatory and not sustainable.
The said Jag Jeevan Lall was initially appointed as a Fitter in 1984. He completed 12 years of service in 1996. At that time, Lineman-cum-Meter Reader (LMMR)was the feeder post of Junior Engineer which carried a pay scale of Rs. 5000-8000/-. Therefore, Jag Jeevan Lall's pay was raised on the recommendation of a review DPC vide Order dated 14.02.2012 to Rs. 5000- 8000/- w.e.f. 09.08.1999 along with the pay of some other LMMRs while granting him 1st financial upgradation under ACP Scheme on completion of 12 years of service. In 2004, Recruitment Rules were modified and Lineman- cum-Meter Reader (LMMR) became the feeder grade for Chargemen. Since he was already in the pay scale of Rs. 5000-8000/- by virtue of financial upgradation under ACP Scheme, on 01.01.2006 his grade pay was fixed at Rs. Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce814 65079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ade9 e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
Date: 2025.03.06 11:15:19+05'30' Foxit PDF Reader Version: 2024.3.0 11 OA 720/2019/AN 4200/-. Jag Jeevan Lall was promoted as Chargeman on 30.06.2007. Since he had already got the scale of Rs. 5000-8000/- (corresponding to GP Rs. 4200/-
in 6th CPC) by virtue of financial upgradation under ACP Scheme, it continued to be the same even when he was promoted as Chargeman due to pay protection even though as per the Recruitment Rules the post of Chargeman had the Grade Pay of Rs. 2800/-. The case of Jag Jeevan Lall and that of the applicants are distinguishable as they belonged to different posts in their feeder cadre of LMMR and Fitter respectively which historically had different promotional avenues. Jag Jeevan Lall was not granted the Grade Pay of Rs. 4200/- due to his promotion as Chargeman. Since he was already in the pay scale of Rs. 5000-8000/- by virtue of financial upgradation under MACP he would have got the Grade Pay of Rs. 4200/- even if he was not promoted as Chargeman. The grant of Grade Pay of Rs. 4200/- to Jag Jeevan Lall was in the nature of pay protection and was personal to him. The applicants are therefore not similarly situated as Jag Jeevan Lall and cannot claim similar benefits on grounds of being similarly circumstanced as Jag Jeevan Lall. This fact is obvious from the order dated 14.02.2012 which clearly mentions that the pay of Jag Jeevan Lall has been fixed in the scale of Rs. 5000-8000/- under ACP Scheme with effect from 09.08.1999, i.e., when he was posted as an Lineman-cum-Meter Reader (LMMR). As per Recruitment Rules of Chargeman, the post carries a Grade Pay of Rs. 2800/- p.m. Applicants have been promoted as Chargemen. Therefore, on promotion they were rightly granted the Grade Pay of Rs. 2800/-.
6.5 The applicants in this OA and in subsequent submission have attempted to establish their claim to Grade Pay of Rs. 4200/- on the basis of principle of 'Equal Pay for Equal Work'. Pay or even pay scale of an employee in a Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce814 65079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ade9 e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
Date: 2025.03.06 11:15:19+05'30' Foxit PDF Reader Version: 2024.3.0 12 OA 720/2019/AN particular post also depends on his service history. More specifically, his earlier position and pay in his feeder grade has a direct bearing on his pay in the promotional grade. As has been discussed above in the case of Jag Jeevan Lall, difference in pay among employees in the same post may arise for reasons like grant of MACP benefits, increments earned before his promotion etc. There are examples galore where employees with a higher pay scale are employed in a post carrying lower pay scale, for example in the case of transfers on own request where in some cases, the employee not only gets bottom seniority in his own category but is placed in an entry level post even though he may have earned promotions in his earlier place of posting due to better promotional prospects in that zone, circle or cadre. This happens when his batchmates in his new place of posting have not got promotion due to stagnation in the cadre in his new zone or circle, In such cases, his pay is protected and he gets a higher pay than others occupying the same post.
Higher pay in such cases is personal to the employee and does not give a right to his peers in lower pay scale to claim higher pay because they occupy the same post. Chargemen in the Electrical Department who have been granted the pre-revised scale of Rs. 5000-8000/- were given this scale as they are Diploma/Degree holders. Their claim is based on the recommendation of the Central Pay Commission which recommended a pay scale of Rs. 5000-8000/- to all Diploma holders.
Following observation of the Hon'ble Supreme Court in its judgment in CIVIL APPEAL NO. 8329 OF 2011 in Union Of India vs. Indian Navy Civilian Design Officers Association And Anr. is relevant in this regard :-
"..................
The classification of posts and the determination of pay structure, thus falls within the exclusive domain of the Executive, and the Courts or Tribunals Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce814 65079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ade9 e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
Date: 2025.03.06 11:15:19+05'30' Foxit PDF Reader Version: 2024.3.0 13 OA 720/2019/AN cannot sit in appeal over the wisdom of the Executive in prescribing certain pay structure and grade in a particular service.
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The recommendations of the 5th CPC contained in para 50.23 and 50.24 of its report were upheld by the Hon'ble High Court in WP.CT no. 594 of 2012. As a consequence the respondents granted the old scale of Rs. 5000-8000/- (Grade Pay of Rs. 4200/- in 6th CPC) to Diploma holder Chargemen. As per the Recruitment Rules of Chargemen, the Grade Pay for Chargemen is Rs. 2800/- . Grant of a Grade Pay of Rs. 4200/- to Diploma holders is on account of a specific recommendation of the CPC affirmed by the Hon'ble High Court which, in the absence of a change in Recruitment Rules, is to be treated as personal to the Diploma holders. No such enabling provision or Pay Commission recommendation exists for the applicants who do not have a Diploma or a Degree in Engineering. Therefore, as per Recruitment Rules of Chargemen they are entitled to a Grade Pay of Rs. 2800/-. It is also noted that the Recruitment Rules for Chargemen which stipulates the Grade Pay of Rs. 2800/- have not been challenged in this OA. The applicants' contention that they should be granted the Grade Pay of Rs. 4200/- because some other Chargemen have been granted the Grade Pay of Rs. 4200/-, is not sustainable.
As noted in our earlier order dated 04.01.2024, the applicants who do not have a Diploma/ Degree in Electrical/ Mechanical Engineering cannot be extended the benefit of the judgment of the Hon'ble High Court in WPCT no. 594 of 2012 which pertained specifically to the Diploma holders. 6.5 After giving due consideration to the contentions of the rival parties and the material on record as directed by the Hon'ble High Court in its order dated 09.02.2024, we are of the opinion that none of the arguments advanced by the Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce814 65079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ade9 e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
Date: 2025.03.06 11:15:19+05'30' Foxit PDF Reader Version: 2024.3.0 14 OA 720/2019/AN applicant or the documents available on record support the claim of the applicants for grant of a Grade Pay of Rs. 4200/-.
7. OA lacks merit and is dismissed. No order as to costs.
(Suchitto Kumar Das) (UrmitaDatta (Sen))
Administrative Member Judicial Member
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Digitally signed by SONALI LAL
SONALI
DN: C=IN, O=Personal, T=0572, OID.2.5.4.65=
1335963617493834803xeKNGD5eN7bXL, Phone=
d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970cce814 65079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc533ade9 e38d5aed96, CN=SONALI LAL LAL Reason: I am the author of this document Location:
Date: 2025.03.06 11:15:19+05'30' Foxit PDF Reader Version: 2024.3.0